APPEAL CASE

Southland Times, Issue 19100, 19 November 1923, Page 4

APPEAL CASE

COMPENSATION ALLOWED. (Per United Press Association J WELLINGTON, November 17. The Court of Appeal gave judgment thia morning in the case Holloway v. Lamb an appeal from a judgment of Mr Justice Salmond in which he set aside the verdict of the jury which awarded appellant damages for injuries received, owing to an accident to a hand crane on which he was working. Mr Justice Salmond ordered a new trial and also ordered appellant to pay the costs of the first trial. Sir Robert Stout, in the course of hit judgment, said that in his opinion appellant had not shown how the accident occurred nor had he shown that respondent was guilty of negligence. In his opinion the appeal should be dismissed. Judges Herdman, Hosking and Reed were of opinion that the appeal should be allowed. Mr Justice Reed said the jury must be taken to have found that the method of fastening the derrick was unsound. The employer was under a duty to find and maintain proper plant and equipment and he had failed in this duty. The appeal was, therefore, allowed and judgment was ordered to be entered for appellant in the Supreme Court for £3OO and costs. Appellant was also allowed cost# of the appeal on the middle scale.